SUPREME COURT OF INDIA (FULL BENCH)

Vijay Kumar Karwa

v.

Official Liquidator, Rohtas Inds. Ltd.

DR. ARIJIT PASAYAT, C.K. THAKKER

AND LOKESHWAR SINGH PANTA, JJ.

CIVIL APPEAL NO. 1661 OF 2008

FEBRUARY 28, 2008

Section 483 of the Companies Act, 1956 - Winding up - Appeals from orders - Whether High Court is bound to entertain appeal against order of Single Judge who has disposed of it on merit and not summarily or in limine - Held, yes - Company, having become a sick company, was ordered to be wound up and High Court started process of disposal of its assets - Appellant filed an application before High Court submitting a proposal for revival of company, but same was rejected - Division Bench dismissed appeal of appellant summarily without giving any reason or even without considering desirability of revival - Whether impugned order was to be set aside and matter was to be remitted to High Court for fresh disposal in accordance with law - Held, yes

Cases referred to

Shanta Genevienve Pommerat v. Sakal Papers (P.) Ltd. AIR 1983 SC 269 (para 6) and Smt. Arati Dutta v. Eastern Tea Estates (P.) Ltd. AIR 1988 SC 325 (para 6).

P.S. Mishra, Manu Shankar Mishra, Ravi Chandra Mishra and Amit Pawan for the Appellant. A. Sharan, Devashish Bharuka, Ashok K. Srivastava, Rahul Kaushik, B.K. Prasad, D.S. Mahra, Ms. Binu, Sanjay Kapur, Rajiv Kapur, Mrs. Shubhra Kapur and Ms. Arti Singh for the Respondent.

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